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Rule 80. General Provisions

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: January 1, 2024

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
X. General Provisions
Effective: January 1, 2024
16 A.R.S. Rules of Civil Procedure, Rule 80
Formerly cited as AZ ST RCP Rule 58(e)
Rule 80. General Provisions
Currentness
(a) Agreement or Consent of Counsel or Parties. If disputed, no agreement or consent between parties or attorneys in any matter is binding, unless:
(1) it is in writing; or
(2) it is made orally in open court and entered in the minutes; or
(3) it is made before a mediator or judicial officer, is memorialized either before a certified reporter or in an audio or video recording, and, in the case of a mediated agreement, the parties state that the terms of the agreement may be disclosed, as necessary, to gain court approval of the agreement or to enforce the agreement.
(b) Attorney or Court Officer as Surety. No attorney or court officer who is involved in an action or other judicial proceeding may be, or act on behalf of, a surety in the action or proceeding.
(c) Unsworn Declarations Under Penalty of Perjury. When these rules require or allow a matter to be supported, evidenced, established, or proved by a sworn written declaration, verification, certificate, statement, oath, or affidavit, the same may be unsworn--and have the same force and effect--if it is:
(1) signed by the person as true under penalty of perjury;
(2) dated; and
(3) in substantially the following form:
“I declare [or certify, verify or state] under penalty of perjury that the foregoing is true and correct. Executed on [date].
[Signature].”
This rule does not apply to a deposition, oath of office, or an oath required to be taken before a specified official other than a notarial officer.
(d) Lost or Destroyed Records.
(1) Motion to Substitute. If a court record is lost or destroyed, any party may file a motion to supply the court with an accurate copy of the record. The motion must identify the lost or destroyed record, be accompanied by an accurate copy of the record, and offer proof that the copy is accurate.
(2) Order and Further Proceedings. If the court finds that the copy is accurate, the court must order the copy substituted for the lost or destroyed record. If the court finds that the copy may not be accurate, it may take further evidence and direct the parties to prepare an accurate copy of the record based on that evidence.
(3) Filing and Effect. If the court enters an order substituting a copy for a lost or destroyed record, the moving party must file the copy with the clerk. Upon filing, the copy will constitute a part of the record in the action and will have the force and effect of the original record.
(e) Clerk's Distribution of Minute Entries and Other Court Records.
(1) Minute Entries. The clerk must distribute, either by U.S. mail, electronic mail, or attorney drop box, copies of all minute entries to all parties.
(2) Electronic Distribution. The clerk may distribute minute entries, notices and other court-generated documents to a party or a party's attorney by electronic means. Electronic distribution of a document is complete when the clerk transmits it to the email address that the party or attorney has provided to the clerk.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended on an emergency basis effective Aug. 29, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended Aug. 24, 2023, effective Jan. 1, 2024.
16 A. R. S. Rules Civ. Proc., Rule 80, AZ ST RCP Rule 80
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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